If I am the tenant and my landlord is in arrears on his HOA fees am I protected from eviction if I pay the HOA?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am the tenant and my landlord is in arrears on his HOA fees am I protected from eviction if I pay the HOA?
The homeowner signed a clause in his condominium agreement that says the HOA can take the rent from the tenant if the homeowner does not pay. The HOA presented me, the tenant, with a letter demanding payment of my rent to them for 3 months. It appears that this state has a law protecting the tenant from eviction by the homeowner (for non payment of rent) if I pay the HOA instead of the landlord. Might I still be evicted, even though I have paid my rent? If I don’t pay the HOA, can they evict me too?
Asked on March 8, 2012 under Real Estate Law, Washington
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you do not pay the HOA fees you cannot be evicted from the rental that you occupy. Before you decide to pay some of your rent owed the landlord to the HOA, I suggest that you get some agreement signed by the landlord allowing you to do so. The last thing you want is a situation where you pay part of your rent to the HOA and the landlord then claims that you underpaid for rent.
To be on the safe side, you might consider consulting with a landlord tenant attorney.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.